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SERINE v. PETERSON

No. 93-35006.

989 F.2d 371 (1993)

Alden E. SERINE, Plaintiff-Appellant, v. Oakley PETERSON, Cecil Quesseth, Arloe Quesseth, and State of Oregon Right of Way Department, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 31, 1993.

Attorney(s) appearing for the Case

Alden E. Serine, Salem, OR, for plaintiff-appellant.

Michael E. Swain, Swain, Betterton & Eder, Salem, OR, for defendants-appellees Peterson, Quesseth, and Quesseth.

Denise G. Fjordbeck, Dept. of Justice, Salem, OR, for defendant-appellee State of Oregon Right of Way Dept.

Before J. WALLACE, Chief Judge, FARRIS and BRUNETTI, Circuit Judges.

ORDER

Appellees move to dismiss this appeal from a magistrate judge's order for lack of appellate jurisdiction. We grant the motion.

On December 1, 1992, Magistrate Judge Thomas M. Coffin filed a document entitled "Findings and Recommendation and Order" in this case, indicating that the "defendants' motion to dismiss should be allowed and this action dismissed." On December 10, 1992, plaintiff filed his response to the magistrate judge's order with the district...

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